I864 package question - filed tax return as single

[mbanner 3]

Hey everyone,

I am currently in the process of assembling the i-864 packet. My question is regarding my own tax return.

I have never worked before but I decided to file taxes for the last tax year and the accountant told me to file as 'single' because I did not have a SSN for my husband. He obviously doesn't have one yet because we are in the process of applying for his visa.

Anyways, is it okay to file as single on my tax return? My taxes have already been filed electronically. Should I submit a correction to the IRS asking them to change my status to 'married filing separately' or 'married filing jointly'? Or should I just leave my filing status as single? My husband and I are both currently unemployed and we did not live together during 2012.

Any advice would be greatly appreciated. Thank you!

07/16/12 Sent I-130

07/20/12 Priority Date

07/25/12 NOA1

01/07/13 Approval of I-130

01/30/13 Receipt of NVC case #, invoice #, DS-3032, and i-864 fee invoice via petitioner's email

02/01/13 Paid i-864 fee

[Panda Sky 5]

I'm in the same position as you are. I haven't file my taxes. I've been researching since filing separately really suck - tax wise. But since neither one of you have income - it won't matter in your case.

I don't think you can file as single since you are married as of 12/31. The only way NOT to file married filing separately or jointly is if you qualify for head of household status, but you need a dependent (other than your spouse).

I would send in an amended tax return, changing it to married filing separately. You can file jointly too but you would have to file for an tax id for your husband first.

Hey everyone,

I am currently in the process of assembling the i-864 packet. My question is regarding my own tax return.

I have never worked before but I decided to file taxes for the last tax year and the accountant told me to file as 'single' because I did not have a SSN for my husband. He obviously doesn't have one yet because we are in the process of applying for his visa.

Anyways, is it okay to file as single on my tax return? My taxes have already been filed electronically. Should I submit a correction to the IRS asking them to change my status to 'married filing separately' or 'married filing jointly'? Or should I just leave my filing status as single? My husband and I are both currently unemployed and we did not live together during 2012.

Any advice would be greatly appreciated. Thank you!

07/16/12 Sent I-130

07/20/12 Priority Date

07/25/12 NOA1

01/07/13 Approval of I-130

01/30/13 Receipt of NVC case #, invoice #, DS-3032, and i-864 fee invoice via petitioner's email

02/01/13 Paid i-864 fee

[Brother Hesekiel 2,236]

If you file as being single when you are in fact married, that's a fraudulent statement on a federal form, under the thread of perjury, which is a felony. Ask your accountant to which law school he went, then fire him, and then file an amended income tax return ASAP before you do anything else.

[mbanner 3]

Thank you for your replies, Panda Sky and Brother Hesekiel.

I am disappointed with my accountant. This is my first time filing taxes and she told me that for "tax purposes", I could file as 'single' and that it would not be a problem.

I will file an amended tax return now with my correct status: 'married filing separately.'

Also, in the future, I will be doing my own extensive research before going to anyone else. *sigh*

Thanks again.

[Pakigrl1 2]

I'm in the same position as you. I just filed married filing separately. Alot of people say you can get an itn form from your spouse or something as well, but I didn't go through that. The only thing was it wasn't letting me file electronically so I sent everything through by hand.

[speedwell 224]

I filed married joint with my husband (married last year). It is VERY complicated. I had to hire a CPA because in addition to that I had investment income from selling collectibles and I was SO over my head.

I think filing joint is actually more complicated than basic immigration forms. I had to file 1040, and a W-7 to get my husband a number to file with, and a foreign income exclusion on his income, which meant he needed to pass one of two qualifying tests, which made us have to fill out two worksheets and some extra form, which in the end-up made me have a refund of over 900 dollars instead of expecting to have to pay more than 2000. Long live my CPA.

If you need to get the tax forms through fast and you can't figure out the tax forms you need, you can file married separately, which means the NRA (nonresident alien) does not need to file. Keep your paperwork straight, because you can go back and amend your return to joint later and get back some money.

[SVH 0]

I've filed the last 5 years of tax returns as single because my wife didn't have an ITIN. The USCIS didn't seem to think anything of it when they reviewed my returns. Of course I'll have to amend them when I get back to the USA and my wife is issued her SSN.

[mbanner 3]

Thank you for your comments, pakigrl1, speedwell, and SVH.

I think 'married filing separately' is the best option if you are in a hurry.

[1patience 0]

I've filed the last 5 years of tax returns as single because my wife didn't have an ITIN. The USCIS didn't seem to think anything of it when they reviewed my returns. Of course I'll have to amend them when I get back to the USA and my wife is issued her SSN.

In reference to filing status single on tax return my understanding is that it

Wasn't an issue at the interview did they ask u abt ur filing status being single

[Matt.M 4]

Just went through this this year. If your spouse doesn't live in the states you would file "married filing separately" and where you would but their SSN or ITIN you would put "NRA" meaning non-resident alien. Even if you file "married filing separately" you can use your spouse as an exemption but you would need them to have an ITIN number and have no US Sourced income. Also you can elect to treat your Non-Resident Alien spouse as a resident for tax purposes. They would need an ITIN for this as well but the benefit is that the tax brackets are higher so you pay less tax and if his/her income is not US based it is exempt up to somewhere around $90,000. So you get the benefit of filing "married filing jointly" but no double taxation on the foreign income

Unfortunately my CPA was incompetent and I ended up doing my own taxes with the help of a tax law professional at the IRS.

Here's some links for you

http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

Edited April 24, 2013 by Matt.M

[christeen 966]

Proper is married filing seperatly, for the spouse Ssn... Put NPR ... And you have to mail the forms not file electronically...

[speedwell 224]

I wanted to chime in and add that it is possible for the US spouse to file as "head of household", normally a single filing status, under certain carefully controlled conditions. Basically your foreign spouse cannot have resided in the US in the last year or so, AND you must have other dependents that you are declaring on your tax forms (such as a child or parent you take care of). You must still say you are married if you are married, and your spouse's name must be on the return, but you will put NRA in the box for the tax ID number for the foreign spouse without an ITIN or SSN. You cannot use this method if the foreign spouse owes US taxes.